09 May 2025 South Africa's Constitutional Court declares automatic loss of South African citizenship unconstitutional On 6 May 2025, the Constitutional Court of South Africa declared Section 6(1)(A) of the South African Citizenship Act of 1995 unconstitutional. This ruling removes the automatic loss of South African citizenship for individuals who acquired citizenship of another country without first applying to retain their South African citizenship. The court's ruling emphasizes that South African citizenship is a fundamental right that cannot be revoked arbitrarily. It aligns South African law with international practices aimed at recognizing dual citizenship and preventing statelessness. The ruling also allows for the reinstatement of citizenship for impacted individuals, specifically for cases where citizenship was lost on or after 6 October 1995. To streamline this process, the Department of Home Affairs is developing an online portal that will allow individuals to submit their cases for citizenship reinstatement. A Tax Alert prepared by EY's People Advisory Services, and attached below, provides additional details. Document ID: 2025-1021 |
